Posted On : 22nd September 2008


The Indian chemical industry is growing rapidly. About US $ 20 Billion of projects are under construction and in planning stages. Indian Chemical companies want to engage established engineering contractors to provide engineering and procurement services, and construction & project management with a single point responsibility. All too often when the scope of work is undertaken by a consultant and the owner, the risks and liabilities are not fully understood by the parties.

IChemE, whose headquarters are in the UK, first published a form of contract for lump sum contracts for process plant projects in 1968. Since then the forms have been developed to include a cost reimbursable form, a target cost form and subcontract forms. The lump sum form is now in its 4th Edition. These forms were drafted for use under English law, and contain a number of references to UK legislation.

In 2005 the IChemE published a Consultation Edition of an International form of contract for lump sum process plant projects. This was followed in 2007 with the publication of a suite of forms for use on international projects:

  • "The International Red Book (for lump sum contracts);
  • The International Green Book (for cost reimbursable contracts);
  • The International Burgundy Book (for target cost contracts); and
  • The International Yellow Book (for subcontracts).

All of the new forms build on the very successful and highly regarded UK forms. Care has been taken to consider the use of language, and in particular to move to clearer English where traditional legal language may not be readily understood by someone for whom English is not his or her first language.
Each of the handbooks contains:

  • "Introductory notes;
  • "A form of Agreement
  • "The General Conditions (which are to form the basis of the Conditions of Contract of any contract)
An outline to drafting the Particular Conditions, including some example clauses;
  • "Detailed guidance on drafting the Specification, the Schedules;
  • "General Guide Notes on many of the provisions in the General Conditions.

To defray the expenses, the registration charges will be:
Rs.5,000/- per delegate

Since this seminar is expected to attract a good participation from overseas as well as local companies, you may choose to be a sponsor of the event on payment of amount detailed below:

Gold Sponsor Rs. 1,00,000/-
Silver Sponsor Rs. 50,000/-
Lunch Sponsor Rs. 25,000/-
Refreshment Breaks Sponsor Rs. 15,000/-

ICC will acknowledge sponsorship support by displaying an appropriate banner at the venue of the Seminar and will also allow 3 complimentary registrations to each Gold Sponsor and 2 complimentary registrations to each Silver Sponsor. All members and others are requested to take advantage of this important Seminar by deputing maximum number of executives to participate in the same. Please send the Registration Form/s enclosed herewith duly filled to the respective ICC offices (Mumbai and/or New Delhi) at the earliest.

Gordon H Bateman, C Eng, FICE, FCIArb, AMIChemE.
Gordon is a lecturer and consultant in private practice. He was previously the in-house specialist on contract law and engineering and construction contracts, drafting contracts for major overseas projects and consultancy work, for Thames Water, the UK water company. He chairs the IChemE Contracts Working Party which drafts the forms of contract published by IChemE. He is also a member of the IChemE Disputes Resolution Panel and is listed as an Adjudicator.

Cecily Davis, LLM, MSC
Cecily is a partner in DLA Piper's Engineering & Construction group, based in their London office. She specialises in transactional construction matters and acts for lenders, contractors, sponsors and government bodies in complex construction matters both domestically and overseas. She drafts and negotiates engineering, procurement and construction contract across a range of sectors.

Stephen Haller
Stephen is a partner at DLA Piper, based in their London office. After graduating in chemical engineering, he moved to the law and qualified as a solicitor. He has for many years specialised in engineering and construction contracts, dealing both with contentious and non-contentious matters in respect of many types of projects such as process plants, power distribution and infrastructure works, energy projects, commercial developments, hospitals, leisure centres, tunneling and site investigation. He is listed by IChemE as an adjudicator.

Sajai Singh
Sajai is a partner at J Sagar Associates, and heads their Technology, Media and Telecommunications practice in Bangalore. He is mostly concerned with non-contentious work with emerging technology companies and inbound investment into India across a number of industries including media, communication, entertainment and BPO. He also conducts two professional skills development courses at the National Law School of India University in Bangalore.

D P Misra
Mr. D. P. Misra is a Chemical Engineer having more than forty years of experience in design and execution of chemical process plants. He worked for International Engineering Contractors like Jacobs H&G, Krebs and Cie (India) etc. His last assignment was with Jacobs H&G as Dy. Managing Director. He was Past President of Indian Institute of Chemical Engineers and is presently Director General of Indian Chemical Council (ICC).

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